XML 41 R23.htm IDEA: XBRL DOCUMENT v3.20.4
INCOME TAXES
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES
NOTE 15. INCOME TAXES
Years ended December 31,
202020192018
Components of Income (Loss) Before Taxes($ in millions)
Domestic$(1,025.2)$(1.3)$288.0 
Foreign5.2 (35.6)149.3 
Income (loss) before taxes$(1,020.0)$(36.9)$437.3 
Components of Income Tax (Benefit) Provision
Current (benefit) provision:
Federal$(42.9)$9.3 $21.7 
State0.5 3.2 5.1 
Foreign12.5 7.6 48.0 
(29.9)20.1 74.8 
Deferred (benefit) provision:
Federal(36.0)(32.4)27.0 
State(13.2)(9.3)(0.8)
Foreign29.0 (4.0)8.4 
(20.2)(45.7)34.6 
Income tax (benefit) provision$(50.1)$(25.6)$109.4 

The following table accounts for the difference between the actual tax provision and the amounts obtained by applying the statutory U.S. federal income tax rate to the income (loss) before taxes.
Years ended December 31,
Effective Tax Rate Reconciliation (Percent)202020192018
Statutory federal tax rate21.0 %21.0 %21.0 %
State income taxes, net1.1 (5.4)2.0 
Foreign rate differential(0.2)19.4 1.8 
U.S. tax on foreign earnings(1.8)— 1.1 
Salt depletion1.0 29.0 (2.4)
Change in valuation allowance(3.5)(64.9)3.8 
Remeasurement of U.S. state deferred taxes(0.1)16.1 (0.6)
Change in tax contingencies0.2 35.4 (0.7)
U.S. Tax Cuts and Jobs Act— — (0.8)
Share-based payments— 0.7 — 
Dividends paid to Contributing Employee Ownership Plan— 1.1 (0.1)
Return to provision0.3 15.0 (0.1)
U.S. federal tax credits0.2 6.4 (0.4)
Goodwill impairment charge(13.3)— — 
Other, net— (4.4)0.4 
Effective tax rate4.9 %69.4 %25.0 %

The effective tax rate for 2020 included expenses associated with a net increase in the valuation allowance related to foreign and domestic tax credits and deferred tax assets in foreign jurisdictions, a remeasurement of deferred taxes due to an increase in our state effective tax rates and a change in tax contingencies, and stock-based compensation, partially offset by a benefit associated with prior year tax positions. These factors resulted in a net $27.9 million tax expense. For 2020, a tax benefit of $10.8 million was recognized associated with the $699.8 million goodwill impairment charge. After giving consideration to these items, including the goodwill impairment charge on Olin’s loss before taxes, the effective tax rate for 2020 of 21.0% was equal to the 21% U.S. federal statutory rate as foreign income taxes, foreign income inclusions and a net increase in the valuation allowance related to losses in foreign jurisdictions were offset by state taxes and favorable permanent salt depletion deductions.
The effective tax rate for 2019 included benefits associated with the finalization of the Internal Revenue Service (IRS) review of years 2013 to 2015 U.S. income tax claims, stock-based compensation, prior year tax positions, foreign tax law changes, a remeasurement of deferred taxes due to a decrease in our state effective tax rates and a change in tax contingencies. The effective tax rate also included expenses associated with a net increase in the valuation allowance primarily related to foreign deferred tax assets and liabilities. These factors resulted in a net $19.4 million tax benefit. After giving consideration to these items, the effective tax rate for 2019 of 16.8% was lower than the 21% U.S. federal statutory rate primarily due to state taxes and a net increase in the valuation allowance related to losses in foreign jurisdictions, partially offset by foreign income taxes and favorable permanent salt depletion deductions.

The effective tax rate for 2018 included benefits associated with the U.S. Tax Cuts and Jobs Act (2017 Tax Act), stock-based compensation, changes in tax contingencies, a foreign dividend payment, changes associated with prior year tax positions and the remeasurement of deferred taxes due to a decrease in our state effective tax rates. The effective tax rate also included expenses associated with a net increase in the valuation allowance related to deferred tax assets in foreign jurisdictions and the remeasurement of deferred taxes due to changes in our foreign tax rates. These factors resulted in a net $2.9 million tax benefit, of which $3.8 million related to the increase of the 2017 Tax Act benefit. After giving consideration to these items, the effective tax rate for 2018 of 25.7% was higher than the 21% U.S. federal statutory rate primarily due to state and foreign income taxes, foreign income inclusions and a net increase in the valuation allowance related to current year losses in foreign jurisdictions, partially offset by favorable permanent salt depletion deductions.
December 31,
Components of Deferred Tax Assets and Liabilities20202019
Deferred tax assets:($ in millions)
Pension and postretirement benefits$181.9 $190.6 
Environmental reserves36.3 34.5 
Asset retirement obligations16.4 13.2 
Accrued liabilities54.1 38.6 
Lease liabilities87.4 90.0 
Tax credits49.8 25.1 
Net operating losses141.0 70.0 
Capital loss carryforward0.9 0.9 
Interest deduction limitation7.0 41.8 
Other miscellaneous items— 20.2 
Total deferred tax assets574.8 524.9 
Valuation allowance(239.6)(182.1)
Net deferred tax assets335.2 342.8 
Deferred tax liabilities:
Property, plant and equipment530.4 525.0 
Right-of-use lease assets86.2 88.8 
Intangible amortization40.0 54.6 
Inventory and prepaids17.4 20.6 
Partnerships80.9 67.3 
Taxes on unremitted earnings6.1 5.7 
Other miscellaneous items6.2 — 
Total deferred tax liabilities767.2 762.0 
Net deferred tax liability$(432.0)$(419.2)

Realization of the net deferred tax assets, irrespective of indefinite-lived deferred tax liabilities, is dependent on future reversals of existing taxable temporary differences and adequate future taxable income, exclusive of reversing temporary differences and carryforwards.  Although realization is not assured, we believe that it is more likely than not that the net deferred tax assets will be realized.

At December 31, 2020, we had a U.S. federal net operating loss (NOL) of $253.1 million (representing $53.2 million of deferred tax assets), which do not expire.
At December 31, 2020, we had deferred state tax assets of $25.9 million relating to state NOLs, which will expire in years 2021 through 2040, if not utilized.

At December 31, 2020, we had deferred state tax assets of $23.3 million relating to state tax credits, which will expire in years 2021 through 2035, if not utilized.

At December 31, 2020, we had a capital loss carryforward of $3.6 million (representing $0.9 million of deferred tax assets) which is available to offset future consolidated capital gains that will expire in years 2021 through 2025, if not utilized.  

At December 31, 2020, we had U.S. federal tax credits of $10.5 million, that will expire in years 2038 through 2040, if not utilized.

At December 31, 2020, we had foreign tax credits of $16.9 million, that will expire in years 2027 through 2030, if not utilized.

At December 31, 2020, we had NOLs of approximately $362.8 million (representing $61.9 million of deferred tax assets) in various foreign jurisdictions. Of these, $59.9 million (representing $14.5 million of deferred tax assets) expire in various years from 2022 to 2040. The remaining $302.9 million (representing $47.4 million of deferred tax assets) do not expire.

As of December 31, 2020, we had recorded a valuation allowance of $239.6 million, compared to $182.1 million as of December 31, 2019. The increase of $57.5 million is primarily due to the recent history of cumulative losses within foreign jurisdictions and projections of future taxable income insufficient to overcome the loss history. We continue to have net deferred tax assets in several jurisdictions which we expect to realize, assuming sufficient taxable income can be generated to utilize these deferred tax benefits, which is based on certain estimates and assumptions. If these estimates and related assumptions change in the future, we may be required to reduce the value of the deferred tax assets resulting in additional tax expense.

The activity of our deferred income tax valuation allowance was as follows:
December 31,
20202019
($ in millions)
Beginning balance$182.1 $147.4 
Increases to valuation allowances54.6 38.1 
Decreases to valuation allowances(2.2)(0.7)
Foreign currency translation adjustments5.1 (2.7)
Ending balance$239.6 $182.1 
As of December 31, 2020, we had $21.3 million of gross unrecognized tax benefits, which would have a net $21.2 million impact on the effective tax rate, if recognized.  As of December 31, 2019, we had $22.8 million of gross unrecognized tax benefits, which would have a net $22.4 million impact on the effective tax rate, if recognized.  The change for both 2020 and 2019 primarily relates to additional gross unrecognized benefits for current and prior year tax positions, as well as decreases for prior year tax positions.  The amounts of unrecognized tax benefits were as follows:
December 31,
20202019
($ in millions)
Beginning balance$22.8 $33.8 
Increase for current year tax positions1.7 2.0 
Increase for prior year tax positions0.2 1.5 
Decrease for prior year tax positions(3.5)(14.3)
Decrease due to tax settlements— (0.2)
Foreign currency translation adjustments0.1 — 
Ending balance$21.3 $22.8 

In July 2019, the review of certain U.S. income tax claims by the IRS for the years 2013 to 2015 was finalized which resulted in a $14.3 million income tax benefit primarily related to favorable adjustments in uncertain tax positions for prior tax years.

We recognize interest and penalty expense related to unrecognized tax positions as a component of the income tax provision.  As of both December 31, 2020 and 2019, interest and penalties accrued were $0.1 million.  For 2020, 2019 and 2018, we recorded (benefit) expense related to interest and penalties of $(0.1) million, $(1.5) million and $0.4 million, respectively.

As of December 31, 2020, we believe it is reasonably possible that our total amount of unrecognized tax benefits will decrease by approximately $6.9 million over the next twelve months.  The anticipated reduction primarily relates to settlements with tax authorities and the expiration of federal, state and foreign statutes of limitation.

We operate globally and file income tax returns in numerous jurisdictions.  Our tax returns are subject to examination by various federal, state and local tax authorities.  Our 2016 U.S. federal income tax return is currently under examination by the IRS. Additionally, examinations are ongoing in various states and foreign jurisdictions. We believe we have adequately provided for all tax positions; however, amounts asserted by taxing authorities could be greater than our accrued position. For our primary tax jurisdictions, the tax years that remain subject to examination are as follows:
Tax Years
U.S. federal income tax2016 - 2019
U.S. state income tax2012 - 2019
Canadian federal income tax2013 - 2019
Brazil2015 - 2019
Germany2015 - 2019
China2014 - 2019
The Netherlands2015 - 2019